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(영문) 서울남부지방법원 2014.08.21 2014고단1933
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 2, 2012, the Defendant has been engaged in the business of delivery and transportation of the company's door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-coun

around April 2013, the Defendant embezzled an amount of money equivalent to KRW 24,171,798 by consuming the total amount of KRW 24,798, from the place of business of the victim company located in Gangseo-gu Seoul Metropolitan Government D and using transportation expenses and collection expenses to the customers of the Ildong-dong, for the sake of the victim company. Around that time, the Defendant spent the transportation expenses and transportation expenses to the individual use, such as horse race tracks and the Seoul Yangcheon-gu Seoul, in mind, with the mind of mind. From that time to December 26, 2010, the Defendant embezzled the amount of money by consuming the transportation expenses of KRW 5,000 from the place of business of the victim company located in Gangseo-gu Seoul Metropolitan Government, in total nine times as shown in the crime sight table,

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 of the same Act (Selection of Imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (the confession of a criminal act and his mistake is divided in depth, the previous case has been one time, but it has been ten years ago, and all other circumstances, such as the motive for the criminal act, the attitude of the defendant's family, etc.);

1. It shall be decided as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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